NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7147
SPONSOR: Levenberg TITLE OF BILL:
An act to amend the election law, in relation to availability of elec-
tronic ballot images
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to require that within a week of an
election, the Board of Elections shall make available to the public,
upon request, electronic ballot images.
SUMMARY OF PROVISIONS:
Section 1. Subdivision 1 of section 3-222 of the Election Law is
amended. (i) Replaces 'electronic media' with 'memory card or other
similar electronic media'. (ii) Adds the following language, "the elec-
tronically rendered image of each cast ballot produced by each ballot
scanner used at an election and the cast vote record that shows how the
ballot image was interpreted shall be copied from the memory cards or
other similar electronic media by the board of elections no later than
one week after such election, and such copied electronic images of cast
ballots shall be public records of the board of elections available upon
request."
Section 2. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable.
JUSTIFICATION:
Currently, memory cards or other similar electronic media must remain
sealed against reuse until it is preserved. However, the information
stored on such memory card or other similar electronic media may be
examined upon the order of any court or judge of competent jurisdiction,
or at the direction of a committee of the senate or assembly to report
upon contested elections of members of the legislature. This bill goes a
step further in stating that the electronically rendered images shall be
copied from the memory cards or other similar electronic media by the
Board of Elections no later than one week after such election and shall
become public records, available upon request.
PRIOR LEGISLATIVE HISTORY:
A. 6589-A and S.286-A of 2021/2022
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications associated with the passage of this
legislation.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7147
2023-2024 Regular Sessions
IN ASSEMBLY
May 11, 2023
___________
Introduced by M. of A. LEVENBERG -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to availability of elec-
tronic ballot images
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 3-222 of the election law, as
2 amended by chapter 169 of the laws of 2011, is amended to read as
3 follows:
4 1. Except as hereinafter provided, removable memory cards or other
5 similar electronic media shall remain sealed against reuse until such
6 time as the information stored on such media has been preserved in a
7 manner consistent with procedures developed and distributed by the state
8 board of elections. Provided, however, that: (i) the information stored
9 on such memory card or other similar electronic media and all the data
10 and figures therein may be examined upon the order of any court or judge
11 of competent jurisdiction or may be examined at the direction of a
12 committee of the senate or assembly to investigate and report upon
13 contested elections of members of the legislature voted for by the use
14 of voting machines utilizing such electronic media and such data and
15 such figures examined by such committee in the presence of the officer
16 having the custody of voting machines and electronic media; and (ii) the
17 electronically rendered image of each cast ballot produced by each
18 ballot scanner used at an election and the cast vote record that shows
19 how the ballot image was interpreted shall be copied from the memory
20 cards or other similar electronic media by the board of elections no
21 later than one week after such election, and such copied electronic
22 images of cast ballots and the cast vote records shall be public records
23 of the board of elections available upon request.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01328-01-3
